Bugs, other problems at complex prompt suit

Doyle Gardens attorney calls case a 'shakedown'

STOCKTON - Current and former apartment tenants upset about bedbugs and other living conditions in their homes filed a lawsuit Thursday, contending the infestation and other substandard living conditions persist at a 128-unit complex in Stockton.

STOCKTON - Current and former apartment tenants upset about bedbugs and other living conditions in their homes filed a lawsuit Thursday, contending the infestation and other substandard living conditions persist at a 128-unit complex in Stockton.

The property owner of Doyle Gardens, through a representative, maintains he reacts swiftly when tenants report any infestation. A city official also said the landlord has made strides in addressing code-enforcement issues in the apartment complex and is cooperating with the city in making further improvements.

But it took an organized and dogged effort from the tenants to get the landlord to move in the first place, said Marcela Ruiz, directing attorney of the Stockton office of the California Rural Legal Assistance. She added that problems are still there, evinced by the continued presence of cockroaches.

"We believe the housing conditions to be substandard, and there are some issues that still need to be addressed."

More than 20 current and former tenants, represented by CRLA and a private attorney, filed the lawsuit in San Joaquin County Superior Court, asking for changes at the complex and unspecified money in damages. It asserts the tenants "have complained about systemic, pervasive and recurring infestations, ... broken windows and leaking ceilings, ... insufficient garbage services, heating appliances that were installed without permit or inspection ... and dangerous conditions in the common areas, including unstable steps and loose railings."

The defendants in the suit include property owner George Garcia and Starr Property Management, Inc. Starr Property Management no longer handles the property, and when it did, its role was limited to collecting rent for the owner, said Gil Somera, the Stockton attorney representing the company.

Bedbugs have hit all kinds of places, from movie theaters to hotels, said Albert Ellis, the Stockton attorney representing Garcia. When Doyle Gardens tenants report bedbugs, they are given bags and free vouchers to wash the bedbugs out of all their clothing while an outside pest control contractor comes in, he said. This calls for raising the temperature of the room being treated, an expensive technique used to get rid of the hard-to-kill pests. "Every tenant - every tenant - who's had a complaint has had a spray done free of charge," Ellis said.

The lawsuit is "nothing but a shakedown," he said, noting that Garcia is working closely with the city to address code enforcement issues.

"He's working pretty well with us," said Richard Dean, program manager of Stockton code enforcement. Dean said Garcia had put together a management plan after meeting with police, code enforcement and the city attorney. Garcia's made changes and more appear to be on the way, Dean said.

"At this point, we're comfortable we're heading in the right direction," Dean said.